Plaintiff’s motion to transfer venue to Shasta County is GRANTED.
This is a debt collection action. Per Plaintiff, this action was filed in this court in August 2017 because Plaintiff believed Defendant resided in Sonoma County at the time. When Plaintiff eventually attempted to serve Defendant in January 2018, service was unsuccessful. In June 2018, Plaintiff learned that Defendant had moved from Sonoma County to Shasta County. Defendant has yet to be served with the summons and complaint. (See Burrows Decl.)
Citing Code of Civil Procedure section 395(a) and claiming Sonoma County is not or is no longer the proper county for trial of this action, Plaintiff moves to transfer venue to Shasta County.
Subdivision (b) of Code of Civil Procedure section 395 provides the proper court for trial of the action is “the superior court in the county where the obligation is to be performed, where the contract in fact was entered into, or where the defendant or any defendant resides at the commencem
For full print and download access, please subscribe at https://www.trellis.law/.
Plaintiff’s motion to transfer venue to Shasta County is GRANTED.
This is a debt collection action. Per Plaintiff, this action was filed in this court in August 2017 because Plaintiff believed Defendant resided in Sonoma County at the time. When Plaintiff eventually attempted to serve Defendant in January 2018, service was unsuccessful. In June 2018, Plaintiff learned that Defendant had moved from Sonoma County to Shasta County. Defendant has yet to be served with the summons and complaint. (See Burrows Decl.)
Citing Code of Civil Procedure section 395(a) and claiming Sonoma County is not or is no longer the proper county for trial of this action, Plaintiff moves to transfer venue to Shasta County.
Subdivision (b) of Code of Civil Procedure section 395 provides the proper court for trial of the action is “the superior court in the county where the obligation is to be performed, where the contract in fact was entered into, or where the defendant or any defendant resides at the commencem